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PEOPLE v. TURNER

No. 80-1087.

105 Ill. App.3d 393 (1982)

434 N.E.2d 428

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DEROYSE TURNER, a/k/a Deroise Turner, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 30, 1982.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Adrienne Noble Nacev, Assistant State's Attorneys, of counsel), for the People.

No brief filed for appellee.

Reversed and remanded.

JUSTICE HARTMAN delivered the opinion of the court:

Defendant, charged with one count of rape and one count of deviate sexual assault, was tried before a jury. During the State's closing argument on rebuttal, the trial judge sua sponte declared a mistrial and thereafter dismissed the charges and discharged the defendant. The State appeals pursuant to Supreme Court Rule 604(a)(1...

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